By Crownover                                          H.B. No. 1732
         76R6021 BDH-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to testing of certain horses for equine infectious anemia;
 1-3     providing a criminal penalty.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Subchapter H, Chapter 161, Agriculture Code, is
 1-6     amended by adding Section 161.149 to read as follows:
 1-7           Sec. 161.149.  TEST FOR EQUINE INFECTIOUS ANEMIA.  (a)  A
 1-8     person commits an offense if the person transfers ownership of a
 1-9     horse six months of age or older that has not tested negative for
1-10     equine infectious anemia during the year preceding the date of the
1-11     transfer.
1-12           (b)  It is a defense to prosecution under Subsection (a) that
1-13     the horse is:
1-14                 (1)  a foal being nursed by a dam that is transferred
1-15     with the foal and that has tested negative for equine infectious
1-16     anemia during the year preceding the date of the transfer; or
1-17                 (2)  transferred directly to a slaughter establishment
1-18     and tested for equine infectious anemia at the establishment.
1-19           (c)  An offense under Subsection (a) is a Class C misdemeanor
1-20     unless it is shown on the trial of the offense that the defendant
1-21     has been previously convicted under this section, in which event
1-22     the offense is a Class B misdemeanor.
1-23           SECTION 2.  This Act takes effect September 1, 1999.
1-24           SECTION 3.  (a)  The changes in law made by this Act apply
 2-1     only to an offense committed on or after the effective date of this
 2-2     Act.  For purposes of this Act, an offense is committed before the
 2-3     effective date of this Act if any element of the offense occurs
 2-4     before that date.
 2-5           (b)  An offense committed before the effective date of this
 2-6     Act is covered by the law in effect when the offense was committed,
 2-7     and the former law is continued in effect for that purpose.
 2-8           SECTION 4.  The importance of this legislation and the
 2-9     crowded condition of the calendars in both houses create an
2-10     emergency and an imperative public necessity that the
2-11     constitutional rule requiring bills to be read on three several
2-12     days in each house be suspended, and this rule is hereby suspended.